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FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION ONE

Columbia Regional Office
9050 Junction Drive
Annapolis Junction, Maryland 20701
Field@FCC.gov
(301) 725-1996               

July 23, 2019

Roberman Chery 
Irvington, New Jersey

NOTICE OF UNLICENSED OPERATION

	Case Number:  EB-FIELDNER-18-00026469

The Federal Communications Commission (FCC or Commission) received a complaint concerning an apparent unauthorized broadcast station operating on 99.3 MHz in the Irvington, New Jersey.  On May 15, 2019, May 29, 2019, and June 4, 2019, Agents from the New York Office (NY Office) of the Commissions Enforcement Bureau (Bureau) investigated and confirmed by direction finding techniques that radio signals on the frequency 99.3MHz were emanating from your property on Hillside Terrace in Irvington, New Jersey.  The Commissions records show that no license was issued for operation of a broadcast station on 99.3 MHz at this location in Irvington, New Jersey.  

Radio stations operating on a range of frequencies, 47 CFR  73.201.
 including 99.3 MHz, must be licensed by the FCC pursuant to section 301 of the Communications Act of 1934, as amended (Act). 47 U.S.C.  301.  
  The only exception to this licensing requirement is for certain transmitters using or operating at a power level or mode of operation that complies with the standards established in part 15 of the Commissions rules. 47 CFR 15.1 et seq.   
  On June 4, 2019, Agents measured the field strength of the signal on the frequency 99.3MHz for the station and found that it exceeded the maximum permitted level of 250 V/m at 3 meters for non-licensed devices.  Thus, this station is operating in violation of section 301 of the Act. 47 U.S.C. 301.
  

You are hereby warned that operation of radio transmitting equipment without a valid radio station authorization constitutes a violation of the Federal laws cited above and may subject the operator to severe penalties, including, but not limited to, substantial monetary fines, in rem arrest action against the offending radio equipment, and criminal sanctions, including imprisonment. See 47 U.S.C.  401, 501, 503 and 510.
    

UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED IMMEDIATELY.

You have ten (10) days from the date of this notice to respond with any evidence that you have authority to operate granted by the FCC.  Your response should be sent to the address in the letterhead and reference the listed case number.  Under the Privacy Act of 1974, 5 U.S.C.  552a(e)(3).
 we are informing you that the Commissions staff will use all relevant material information before it to determine what, if any, enforcement action is required to ensure your compliance with FCC Rules.  This will include any information that you disclose in your reply.

You may contact this office if you have any questions.




David C. Dombrowski
Regional Director
Region One
Enforcement Bureau
Federal Communications Commission




Attachments:
	Excerpts from the Communications Act of 1934, As Amended
	Enforcement Bureau, "Inspection Fact Sheet", March 2005
Public Notice: DA 16-159, March 1, 2016, Enforcement Advisory No. 2016-02
List of previous notifications